COLUMBIA, S.C. — A bill aimed at reducing the detention of nonviolent youth is gaining momentum in the South Carolina Senate.
Right now, youth can face arrest and detention for non-violent offenses such as truancy, running away from home, or alcohol possession. Advocates argue that this puts children at risk of violence, health issues, and academic setbacks.
“It’s a shame that status offenders have to be mixed in with those types of individuals who create a public safety risk when status offenders don't,” said Eden Hendrick, Director of South Carolina’s Department of Juvenile Justice (DJJ).
Right now children can be committed to DJJ for a 45-day evaluation and then committed to DJJ for up to 90 days if convicted of a status offense. South Carolina is currently in violation of federal law, which results in the loss of thousands of dollars that could otherwise fund youth programs.
Hendrick said removing status offenders could help reduce overcrowding.
“We’re slated to only have 72 youths and we often have over 100 youths at any given time,” said Hendrick.
Senator Brad Hutto is sponsoring a bill that seeks to differentiate criminal offenses from status offenses.
"A lot of times there are other issues going on in the family dynamic that’s leading to this child not going to school and Taking them out of school, sending them to DJJ for up to 90 days, and a cost of up to $30,000 to the state is not the way to handle this. We are the only state that does this,” said Hutto.
Among its provisions, the bill aims to reduce the time a child may be held for violating a court order from 72 to 48 hours. It also mandates the exploration of community services like counseling before DJJ can accept a referral.
The bill still requires approval from the full Judiciary Committee and the Senate floor.
“It's the right thing to do, really for the children,” said Hutto.
The state has allocated $20 million for the construction of a mental health facility for DJJ youth. Construction is expected to commence later this year.